Movie maker Harvey Weinstein loses bid to dismiss criminal case

Harvey Weinstein arrives with his lawyer Ben Brafman for a court hearing at New York Criminal Court on Dec. 20 2018

Film producer Weinstein has become the focal point of the movement and is facing charges of sexual assault in NY.

"We are obviously disappointed that the charges were not dismissed today", Weinstein's attorney Ben Brafman told reporters after a brief hearing in Manhattan Criminal Court.

Weinstein's lawyers say the case has devolved into chaos and was "irreparably tainted" by police Detective Nicholas DiGaudio's alleged interference with a witness and an accuser.

In this case, "Weinstein is accused of raping a woman in a NY hotel room in 2013 and forcibly performing oral sex on another woman at his Manhattan apartment in 2006".

In May, Harvey Weinstein turned himself in to police following allegations by several women of sexual misconduct.

Could Harvey Weinstein, public enemy number one of the #MeToo movement, end up walking away a free man? "If these women testify strongly on the witness stand, Weinstein will lose".

Prosecutors also apparently failed to disclose to the defense affectionate text messages Haleyi sent to Weinstein after the alleged assault, which would have introduced a notion of doubt about the forced nature of the encounter.

He faces five felony charges: two counts of predatory sexual assault, one count of criminal sexual act in the first degree and one count each of first-degree rape and third-degree rape.




As for emails, prosecutors say they are not obliged to share any of those with the defense at this stage of the proceedings.

The first, that a detective involved in his arrest mishandled the investigation, already worked for them once when they got the first charge dismissed in October.

Images of Weinstein, the notoriously bombastic producer of Oscar winners "Shakespeare in Love" and "The English Patient", in handcuffs last spring were seen by many women as a cathartic moment in the #MeToo reckoning.

Benjamin Brafman, the disgraced movie mogul's attorney, had built a case that the charges had been brought upon political pressure, also arguing that the Manhattan D.A. failed to hand in exculpatory evidence - like witnesses and communications - that would prove consensual relationships with all the accusers.

Burke denied the defense's motion to dismiss any of the counts, but conferred with counsel at the bench and did not discuss his reasoning on the record, reports CBS News' Erica Brown.

DiGaudio is also accused of urging another accuser, who said Weinstein raped her in 2013, to delete information off her cellphones before turning them over to prosecutors. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything.

Weinstein's legal team argued that the case has reached an irreparable place after police Det.

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